ASSIGNMENT

Assignment

Assignment

Background

C-678 was recently implemented by the Canadian Parliament as a Bill to implement the Kyoto agreement in Canadian law. The Kyoto agreement was established in Japan in December 1997. This international agreement which sets targets to reduce greenhouse gas emissions that cause climate change. These greenhouse gases include primarily carbon dioxide, methane and nitrous oxide. The agreement calls for industrialized countries to reduce their emissions of greenhouse gases by at least five percent below 1990 levels in 2008-2012. However, since most countries, emissions have increased since 1996, the actual reduction of greenhouse gases is much higher, such as Canada will require a reduction in greenhouse gas emissions by almost thirty percent in order to meet the 1996 levels. Introduction

Canadian provinces that will be most affected by the implementation of the Kyoto agreement will be in the province of Alberta. They are now the highest per capita carbon dioxide emissions in Canada, and the second largest emitter of carbon dioxide in the twenty-seven per cent of total Canadian emissions of carbon dioxide. This is because Alberta is the largest user and exporter of fossil fuels such as oil, coal and natural gas. According to Alberta Premier Ralph Klein, the Kyoto agreement, could cost Alberta economy about $ 5.5 billion Canadian a year and result in a loss of approximately 70 000 jobs.

The Government of Alberta has caused a case to the Alberta Court of Appeal of the approval of federal government abuse of power laws in connection with the implementation of the Kyoto agreement. Government of Alberta argue Bill C-678 is a violation of provincial jurisdiction and as a result of S. 92 (13) of the Constitution Act of 1867 property and civil rights. The Federal Government, on the other hand, claimed that they have jurisdiction for the implementation of Bill C-678 because of its POGG criminal law of treaties and commercial and industrial power.

After considering all the arguments by the federal government, as well as the Government of Alberta Alberta Court of Appeal rules in a 5-0 unanimous decision that the Act on the implementation of the Kyoto agreement, also known as Bill C-678 intra-authority and, therefore, is within The jurisdiction of the federal government. The Court finds that the act of intra-authority on the basis of the concern of criminal law doctrine POGG Power contract catering and commercial and industrial power in connection with the General trade affecting the whole Dominion and provincial internal trade and international trade. POGG

The first issue before the court or the federal government is not intra-authority in connection with the implementation of Bill C-678 in relation to its residual clause otherwise known as POGG. POGG consists of three components of the National Concern Doctrine and the doctrine of extreme doctrines of the gap, but the main issue at hand in this case in connection with the POGG it or not Bill C-678 is a national concern doctrine. Two other doctrines are not ...